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3. Additional Contributions~ Tenant Improvements. The City <br /> may request the Corporation to make improvements to the real <br /> property described in Section 1 and may request the Corporation <br /> to purchase furnishings or equipment to be leased to the City. <br /> If the City d&termines to proceed in this manner, the City shall <br /> advise the Corporation in writing of the improvements to be made, <br /> or the furnishings or equipment to be adquired, and that the City <br /> intends to make an additional contribution or contributions to <br /> the Corporation for such purposes. <br /> <br /> If the City shall make an additional contribution or <br /> contributions to the Corporation to enable the Corporation to <br /> make improvements or to purchase furnishings or equipment, as <br /> provided above, the Corporation hereby appoints the City as its <br /> agent in connection with administering the construction of the <br /> improvements or the acquisition of the furnishings or equipment <br /> in accordance with the contract documents for such construction <br />or acquisition. The City agrees, as the agent of the <br />Corporation, to cause such construction of the improvements or <br />acquisition of furnishings or equipment to be completed as soon <br />as is reasonably practicable and in accordance with the contract <br />documents and any applicable requirements of governmental <br />authorities and law. The City hereby accepts the foregoing <br />appointment as agent of the Corporation for the purposes herein <br />set forth, and designates the City Manager or his designee to <br />supervise the administration of such construction and <br />acquisition. <br /> <br /> In the event that the City makes a contribution or <br /> contributions to the Corporation for the purpose of employing an <br /> architect and/or engineer to enable the Corporation to make such <br /> improvements, the City agrees to assign and transfer its contract <br /> with such architect or engineer and all of its right, title and <br /> interest in such plans and specifications to the Corporation. <br /> After final approval of the plans and specifications by the City, <br /> the Corporation shall not authorize or permit any change or <br /> modification in the plans and specifications without the prior <br /> written approval of the City. <br /> <br /> 4. Financing. The Corporation shall exercise all <br /> responsible efforts to finance the property purchased hereunder <br /> through the issuance of bonds or through the issuance, by a <br /> trustee, of certificates of participation representing interests <br /> in leases or in any other manner authorized by law. <br /> <br /> Any financing proposed shall be subject to prior approval of <br />the City. <br /> <br /> 5. Failure To Obtain Financing. In the event that the <br />Corporation is unable to obtain financing as contemplated <br />hereunder, the Corporation shall, at the written request of the <br />City, convey to the City or to any person or entity designated by <br />the City all of its right, title, and interest in the property <br />purchased hereunder. In addition, any money contributed by the <br />City not used for the purposes of this Agreement shall be <br />returned to the City together with any interest earned thereon. <br /> <br /> - 2 - <br /> <br /> <br />